Giant EV Kunshan obtains anti-dumping annulment on Chinese eBikes

The General Court of the European Union has moved to annul the anti-dumping and countervailing duties imposed on eBikes manufactured by Giant Electric Vehicle Kunshan.

Lawyers with Van Bael & Bellis that assisted Giant’s case against the duties were able to prove a methodological error on price comparisons, enabling the manufacturer of Giant’s Chinese electric bikes to call into question the European Commission’s legal structure for the duties.

Onward ramifications aside, in Giant Electric Vehicle Kunshan’s case the result has seen the scrapping of 20.7% anti-dumping and 3.9% countervailing duties on imports of eBikes from the source. Giant’s electric subsidiary had called for exemptions in 2019 when it first filed an application in the courts. Part of the firm’s reasoning was issue with the European Commission’s view that Giant benefitted from subsidised aluminium, as well as a view that bike prices were being incorrectly calculated in the EU marketplace.

For background, it is a 2017 complaint lodged by the European Bicycle Manufacturer’s Association on protection against “dumped imports” from non-members of the European Union. This later led to an investigation on alleged benefits Chinese electric bike importers enjoyed and subsequently tariffs came into force. As part of this investigation the Commission carried out site visits at numerous companies, including Giant’s premises, noting that it believed the firm enjoyed some preferential tax treatments in China.

By July of 2018 provisional anti-dumping duties on imports of electric bikes from China came to pass. At the time there was considerable debate as to the methodology used to prove injury to European electric bike makers.

For those interested in the fine print of the judgements head here and here.